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GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Ramnath Yadav S/o Late Nandlal Yadav – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
GOUTAM BHADURI, J.
1. The present appeal is against the judgment of conviction and order of sentence dated 20-1-2020 passed by the Additional Sessions Judge, Gariyaband, in ST No. 19/2019 whereby the trial Court convicted the appellant for the offence under Section 302 of the Indian Penal Code (for short ‘the IPC’) and sentenced him to undergo life imprisonment with fine of Rs. 2,000/-. The trial Court also imposed default sentence in case of failure to pay the fine.
2. Case of the prosecution, in brief, is that on 2-12-2018 Kripal Yadav (PW-4), son of the appellant and Hemin Bai (since deceased), made a report that on 2-12-2018 stating, inter alia, that when he went to meet his parents, who were residing at Mutrichapar, village Khamharipara, his father (appellant) met him and stated that on the previous night of 1-12-2018 in between 9.00 to 11.00 pm on a trivial dispute in respect of money he has assaulted his mother (deceased) and by such injury she has succumbed to death and he has covered the dead body by a blanket. Thereafter, the dehati merg (Ex.P/9) and Dehati Nalsi (Ex.P/10) was recorded. The dead body was sent to postmortem. Dr. S. Patel (PW-10), who conducted post
The judgment establishes the application of Section 106 of the Evidence Act and the principles governing the burden of proof in cases based on circumstantial evidence.
The prosecution must establish circumstantial evidence beyond reasonable doubt to support a conviction; mere suspicion is insufficient.
The main legal point established in the judgment is the application of Section 106 of the Evidence Act and the principles governing the burden of proof in cases based on circumstantial evidence.
The main legal point established in the judgment is the application of Section 106 of the Indian Evidence Act and the distinction between intention and knowledge in determining the nature of the offe....
The burden of proving a plea specially set up by an accused lies upon the accused, and in cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove ....
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